Amended and adopted at the 9th National Congress held at the University of Fort Hare, Alice as from 04 -06 July 2008.
THIS CONSTITUTION
This Constitution is the Fifth Amendment following the original Constitution of 1959 and amendments in 1990, 1992, 1996 and 2000.
1. NAME, COLOURS AND LOGO
1.1 The name of the organisation shall be the Pan Africanist Congress of Azania, hereinafter referred to as the PAC.
1.2 The official colours of the PAC shall be green, black, and gold.
1.3 The PAC logo shall be a black map of Africa, against a green field/background, with 21 gold stripes and a gold star situated in Ghana.
1.4 Colours and logo of the Party is contained in Schedule 1.
2. AIMS AND OBJECTIVES
2.1 To unite and rally the African people into one national front under the banner of African nationalism.
2.2 To fight for the overthrow of all forms of domination, including neo-colonial domination, for economic empowerment of the African and for the implementation and maintenance of the right to self-determination of the African people, in a non-racial and unitary state.
2.3 To work and strive for the establishment and maintenance of an Africanist Socialist democracy recognizing the primacy of the material and spiritual interests of the human personality.
2.4 To promote the educational, cultural and economic advancement of the African people.
2.5 To fight for the attainment of the United States of Africa, and which shall be open to all African countries across the globe.
3. MEMBERSHIP
3.1 Qualification
3.1.1 Membership shall be open to any African who:
3.1.1.1 accepts the principles, programme and discipline of the PAC;
3.1.1.2 is of the age of 15 years or above;
3.1.1.3 is a member of any organisation whose policy is consistent with that of the PAC. The National Executive Committee (NEC) or the Annual National Conference/National Congress shall determine whether a certain organisation is consistent with the cause of the PAC or not.
3.2 Application
3.2.1 Application for membership shall be made on duly prescribed form which shall be completed by the applicant and forwarded for consideration by the NEC.
3.2.2 Members of component structures and organs shall first and foremost apply for a PAC membership.
3.2.3 In case of doubt whether a particular applicant for membership is so eligible, the Branch Executive Committee (BEC), or the NEC acting on its own, shall submit reasons for doubt, before the application is approved or rejected.
3.2.4 The PAC is not obliged to disclose reason(s) for rejecting an application for membership.
3.2.5 Any person whose membership was refused by the BEC may appeal that decision to the NEC. The NEC decision is final. 3.2.6 Once the application is approved, the Party will issue such an applicant, upon payment of the joining fee, with a membership card.
3.2.7 Once the applicant is issued with membership card, the applicant shall be regarded as a fully fledged member of the PAC.
3.2.8 Once the applicant is accepted as PAC member, the applicant shall take the Oath of Allegiance as contained in the Code of Conduct. The oath will be administered by a designated structure or person. See Schedule 2
3.2.9 There shall be a qualifying period for a member to serve in the executive structures, viz.
3.2.9.1 BEC shall be two years or as determined by the NEC;
3.2.9.2 REC shall be three years;
3.2.9.3 PEC shall be four years;
3.2.9.4 NEC shall be five years.
3.3 Suspension
3.3.1 A member may be suspended from any or all Party activities, pending the institution of a disciplinary enquiry.
3.4 Termination
3.4.1 A person ceases to be a member of the Party on/when he/she:
3.4.1.1 submission of a written resignation letter to the Party;
3.4.1.2 fails to pay an annual subscription fees or any other dues;
3.4.1.3 canvasses other members to resign from the Party;
3.4.1.4 is in three months arrears with the payment of the compulsory levy paid by public representatives and the member has been notified in writing but fails to make satisfactory arrangements or fails to comply with such arrangements for payment of the arrears.
3.5 Rights and Duties of Members
3.5.1 Rights
A PAC member is entitled to:
3.5.1.1 Take an active part in all Party activities;
3.5.1.2 Receive and impart information regarding all Party activities
3.5.1.3 Engage in democratic centralism by offering constructive criticism of any member, leader, policy, programme or activity of the Party within the confines of Party structures/platforms.
3.5.1.4 Elect or be elected or appointed to serve in any Party structure, subject to the provisions of section 3.2.9 above,
3.5.2 Duties
Every PAC member is enjoined to:
3.5.2.1 Pay an annual subscription fee;
3.5.2.2 Recruit members to the Party;
3.5.2.3 Take active part in Party activities;
3.5.2.4 Be informed about the aims, policy and programme of the Party;
3.5.2.5 Explain the aims, policy and programme of the Party to the people.
3.5.2.6 Deepen understanding of political developments in the country, continent and internationally;
3.5.2.7 Register and assist people to register as voters in the constituency where they live;
3.5.2.8 Campaign for the Party during local, provincial and national elections
3.6 Membership Charter
3.6.1 The membership charter shall further establish obligations for members.
3.6.2 The membership charter is contained in Schedule 3
3.7 Ombudsman
3.7.1 There shall be an Ombudsman;
3.7.2 The Ombudsman shall mediate, arbitrate or serve as a conciliator for any dispute between members or if a member is aggrieved by any administrative action.
4. ORGANISATIONAL STRUCTURE
The organisational structure of the PAC, as determined by the Conference/Congress from time to time, shall be as follows:
4.1 Organs
4.2 Component structures
4.3 Branch and Branch Executive committee (BEC);
4.4 Region and Regional Executive Committee (REC);
4.5 Province and Provincial Executive Committee (PEC); and
4.6 National and National Executive Committee (NEC);
4.7 Annual National Conference and Special Annual National Conference
4.8 National Congress and Special National Congress
4.1 ORGANS
4.1.1 Organs shall deal with specific and specialized area within the Party;
4.1.2 Party organs shall be guided and bound by the PAC constitution, policies and programmes.
4.1.3 As long as the National Congress has not terminated their existence, the following organs shall be deemed to be organs of the PAC:
4.1.3.1 APLAMVA
4.1.3.2 Policy and Research Unit
4.1.4 Constitutions, articles of association or guidelines of Party organs must be aligned to the aims and objectives as contained in the PAC Constitution.
4.1.5 The President shall be the patron of all organs of the PAC.
4.2 COMPONENT STRUCTURES
4.2.1 Component structures are PAC structures dealing with certain segments of the population.
4.2.2 Component structures shall be guided and bound by the PAC constitution, policies and programmes.
4.2.3 As long as the National Congress has not terminated their membership, the following structures shall be deemed to be component structures of the PAC:
4.2.3.1 Pan Africanist Student Movement of Azania (PASMA)
4.2.3.2 PAC Youth League (PACYL)
4.2.3.3 PAC Women’s League (PACWL)
4.2.4 Constitutions of component structures must be aligned to the PAC Constitution.
4.2.5 The President shall be the patron of all component structures of the PAC.
4.3 BRANCH AND BRANCH EXECUTIVE COMMITTEE
4.3.1 Composition
4.3.1.1 A branch shall be the basic unit of the Party and shall be made up of bona fide members of the PAC;
4.3.1.2 At least 50 members shall constitute a branch;
4.3.1.3 A branch shall be formed along the municipal wards or as may be determined by the NEC or Conference/Congress from time to time;
4.3.1.4 Each branch shall be governed by a Branch Executive Committee (BEC), which shall consist of:
4.3.1.4.1 Chairperson;
4.3.1.4.2 Deputy Chairperson;
4.3.1.4.3 Secretary;
4.3.1.4.4 Deputy Secretary;
4.3.1.4.5 Treasurer; and
4.3.1.4.6 Spokesperson
4.3.1.4.7 Four additional members
4.3.1.5 Branch Chairpersons and Secretaries of component structures shall become ex-officio members of the BEC.
4.3.1.6 BEC members shall be elected at the Branch Annual General Meeting (BAGM)
4.3.2 Composition of the Branch Annual General Meeting (BAGM)
4.3.2.1 Every member of the Party in good standing in the branch shall be entitled to attend the BAGM.
4.3.2.2 The BAGM shall be at such time and place as may be decided upon by the previous BAGM, and in the absence of such a decision, by the BEC, provided that such a BAGM shall be held on a date earlier than the Annual Regional Congress, Annual Provincial Congress and Annual National Conference/Congress;
4.3.2.3 There shall be a branch meeting at least once every month.
4.3.2.4 The BEC shall hold office for a period of one year.
4.3.3 Duties and functions of the BEC
4.3.3.1 To carry out organizational and educational work among the people in order to acquaint them with the aims and objectives, policies and programmes of the Party.
4.3.3.2 To keep in close contact with the people and provide continual leadership and guidance to the people in the area.
4.3.3.3 To foster the spirit of initiative among the people by taking leading part in organizing them to solve their problems in the area.
4.3.3.4 To recruit new members and to collect membership and subscription fees as well as paying on a monthly basis these membership fees into the national account or as directed by the Treasurer General and send such records to the national office.
4.3.3.5 To keep a branch register and minutes and to forward from time to time a list of members to the NEC via the REC and PEC.
4.3.3.6 To report any act of misconduct and other dishonour and dispute to the REC.
4.3.3.7 To discipline any member of the branch as provided in the Disciplinary Code.
4.3.3.8 To facilitate political education amongst members of the Party and the community at large.
4.3.4 Branch funds
4.3.4.1 Branches, subject to approval by the REC, shall be entitled to fundraise in their respective branches;
4.3.4.2 Funds raised by the branch shall be for exclusive use for programmes related to the branch concerned.
4.3.4.3 All funds received by the branch shall be deposited in a centralized banking account, which shall be determined by the NEC.
4.3.4.4 No BEC, REC or PEC shall engage in any national or international fundraising except under the directive of the NEC or NWC as part of fund raising campaign.
4.3.4.5 The branch Treasurer shall prepare and submit a financial statement to the Branch Annual General Meeting. 4.3.4.6 At the BAGM the Branch Treasurer shall submit for approval a budget for the forthcoming year, and an audited financial statement covering the preceding year which shall have been endorsed as correct by the BEC.
4.4 REGION AND THE REGIONAL EXECUTIVE COMMITTEE
4.4.1 Composition
4.4.1.1 A minimum number of five branches or more shall form a region.
4.4.1.2 A region shall be formed along the municipalities or metropolitans demarcations or as may be determined by the NEC or Conference/Congress from time to time;
4.4.1.3 Each region shall be governed by a Regional Executive Committee (REC), which shall consist of:
4.4.1.3.1 Chairperson;
4.4.1.3.2 Deputy Chairperson;
4.4.1.3.3 Secretary;
4.4.1.3.4 Deputy Secretary;
4.4.1.3.5 Treasurer; and
4.4.1.3.6 Spokesperson
4.4.1.3.7 Four additional members.
4.4.1.4 Branch Chairpersons and Secretaries shall become ex-officio members of the REC.
4.4.1.5 Regional Chairpersons and Secretaries of component structures shall become ex-officio members of the REC.
4.4.1.6 REC members shall be elected at the regional congress.
4.4.2 Composition of the Regional Congress
4.4.2.1 The Regional Congress shall consist of delegates from each branch within the region.
4.4.2.2 There shall be five delegates from each Branch to the Regional Congress for the first 50 members, and the delegates must include Chairperson, Secretary and Treasurer, and one delegate for every additional 50 members thereof.
4.4.2.3 The Regional Congress shall be held at a time and place as may be decided upon by previous Regional Congress, and in the absence of such a decision, by the Regional Executive Committee, provided that such a Regional Congress shall be held on a date earlier than the Annual Provincial Congress and Annual National Conference/Congress.
4.4.2.4 There shall be a regional conference annually.
4.4.2.5 There shall be an REC meeting by-monthly.
4.4.2.6 The REC shall hold office for a period of two years.
4.4.3 Duties and functions of the REC
4.4.3.1 To establish, organize and co-ordinate the activities of the branches within the region.
4.4.3.2 To carry out the aims, objectives, policies and programmes of the organization as well as instructions, directives and resolutions of the PEC, NEC, and National Conference/Congress.
4.4.3.3 To implement the decisions of the Regional Congress provided such decisions are not in conflict with any programme, directives or resolutions of the PEC, NEC or the National Conference/Congress.
4.4.3.4 To submit audited annual financial statement, accounts and annual reports to the Regional Congress.
4.4.3.5 To help manage, control and guide the implementation of Party projects in the region, particularly educational, cultural and sporting activities.
4.4.3.6 To make recommendations and suggestions to the PEC on the matters affecting the welfare of the Party in the region.
4.4.3.7 To undertake all such activities that may further policies and programmes of the Party in the region.
4.4.3.8 To keep a register of all activities of all branches in the region.
4.4.4 The Regional Funds
4.4.4.1 Regions, subject to approval by the PEC, shall be entitled to fundraise in their respective regions; 4.4.4.2 Funds that have been raised by the region shall be for exclusive use for programmes related to the region concerned.
4.4.4.3 All funds received by the Region shall be deposited in a centralized banking account determined by the NEC. 4.4.4.4 The REC shall at the end of the financial year cause the Regional Treasurer to prepare and submit written financial statements and accounts to the Regional Congress.
4.4.4.5 The REC shall determine the manner and the means of revenue and expenditure for the Region.
4.4.4.6 At its annual Regional Conference each Region shall adopt a budget for the forthcoming financial year, which budget shall be submitted to the PEC.
4.5 PROVINCE AND PROVINCIAL EXECUTIVE COMMITTEE
4.5.1 Composition
4.5.1.1 A minimum number of three regions or more shall form a province.
4.5.1.2 A province shall be formed along the existing provinces or as may be determined by the NEC or Conference/Congress from time to time;
4.5.1.3 Each province shall be governed by a Provincial Executive Committee (PEC), which shall consist of:
4.5.1.3.1 Chairperson;
4.5.1.3.2 Deputy Chairperson;
4.5.1.3.3 Secretary;
4.5.1.3.4 Deputy Secretary;
4.5.1.3.5 Treasurer;
4.5.1.3.6 Spokesperson
4.5.1.3.7 Ten additional members.
4.5.1.4 Regional Chairpersons and Secretaries shall become ex-officio members of the PEC.
4.5.1.5 Provincial Chairpersons and Secretaries of component structures shall become ex-officio members of the PEC.
4.5.1.6 PEC members shall be elected at the provincial congress.
4.5.2 Composition of the Provincial Congress
4.5.2.1 The Provincial Congress shall consist of delegates from each branch within the province.
4.5.2.2 There shall be five delegates from each Branch to the Provincial Congress for the first 50 members, and the delegates must include Chairperson, Secretary and Treasurer, and one delegate for every additional 50 members thereof.
4.5.2.3 The Provincial Congress shall be held at a time and place as may be decided upon by previous Provincial Congress, and in the absence of such a decision, by the PEC, provided that such a Provincial Congress shall be held on a date earlier than the Annual National Conference/Congress;
4.5.2.4 The Provincial Congress shall elect the following office-bearers:
4.5.2.4.1 Chairperson;
4.5.2.4.2 Deputy Chairperson;
4.5.2.4.3 Secretary;
4.5.2.4.4 Deputy Secretary;
4.5.2.4.5 Treasurer;
4.5.2.4.6 Spokesperson
4.5.2.4.7 Ten additional members.
4.5.2.5 There shall be a provincial conference annually.
4.5.2.6 There shall be a PEC meeting quarterly.
4.5.2.7 The PEC shall hold office for a period of four years.
4.5.3 Duties and functions of the PEC
4.5.3.1 To establish, organize and co-ordinate the activities of the regions within the province.
4.5.3.2 To carry out the aims, objectives, policies and programmes of the Party as well as instructions and directives or resolutions of the NEC, and the National Conference/Congress.
4.5.3.3 To implement the decision of the Provincial Congress provided that such decisions are not in conflict with any programme, directive or resolution of the NEC, and/or the National Congress.
4.5.3.4 To submit annual financial statements, accounts and annual reports to the Provincial Conference.
4.5.3.5 To help manage, control and guide the implementation of Party projects in the Province.
4.5.3.6 To make recommendations and suggestions to the NEC on matters affecting the welfare of the Party in the province.
4.5.3.7 To undertake all such activities as they may further Party policies and programmes in the province.
4.5.3.8 To keep the register of regions under its jurisdiction and monitor the collection of membership fees by branches.
4.5.4 The Provincial Funds
4.5.4.1 Provinces, subject to approval by the NEC, shall be entitled to fundraise in their respective provinces;
4.5.4.2 Funds that are raised by the PEC shall be for the exclusive use for Party programmes related to the province concerned.
4.5.4.3 All funds received by the province shall be deposited in a centralized banking account determined by the NEC.
4.5.4.4 The PEC shall at the end of the financial year cause the provincial Treasurer to prepare and submit audited financial statements and accounts to the provincial Conference/Congress.
4.5.4.5 The PEC shall determine the manner and means of revenue and expenditure for the Province.
4.5.4.6 At the Annual Provincial Conference provinces shall adopt a budget for the forthcoming financial year. The budget shall be submitted to the PEC for implementation.
4.5.4.7 The provincial Treasurer shall submit a monthly report to the Treasurer General.
4.6 NATIONAL AND THE NATIONAL EXECUTIVE COMMITTEE (NEC)
4.6.1 Composition
4.6.1.1 A minimum number of five provinces or more shall constitute a national office.
4.6.1.2 The NEC shall be elected at the National Congress.
4.6.1.3 The national office shall be governed by the NEC, which shall consist of:
4.6.1.3.1 The President;
4.6.1.3.2 The Secretary General;
4.6.1.3.3 The Deputy Secretary General;
4.6.1.3.4 Treasurer General; and
4.6.1.3.5 Forty NEC members
4.6.1.4 Twenty additional as may be appointed by the President based on their expertise.
4.6.1.5 The NEC shall also be composed of various committees which include but not limited to the Central Committee (CC), Management Committee (MANCO), Finance Committee (FINCOM).
4.6.1.6 Presidents and Secretaries of Component structures.
4.6.1.7 Provincial Chairpersons and Secretaries.
4.6.1.8 At its first sitting the NEC shall also appoint the Speaker and two Deputy Speakers.
4.7 THE ANNUAL NATIONAL CONFERENCE AND THE SPECIAL ANNUAL NATIONAL CONFERENCE
4.7.1 The Annual National Conference
4.7.1.1 A National Conference shall be held annually.
4.7.1.2 At least eight weeks before the date of the holding of an Annual Conference, the Secretary General shall give a notice of a date and place of such a conference and shall circulate the agenda to all branches.
4.7.1.3 If any branch seeks to secure the inclusion of any specified item in the agenda of the Annual National Conference, a notice setting out such item on the agenda must be forwarded to the Secretary General at least six weeks before the date of the Annual National Conference.
4.7.1.4 Upon receipt of such notice for inclusion of any item in the agenda, the Secretary General shall cause an amended agenda to be circulated to all branches.
4.7.1.5 Only branches and not individual members may send motions or proposed agenda items for determination at the Annual National Conference.
4.7.1.6 The Annual National Conference shall consider and may adopt, amongst others, the following:
4.7.1.6.1 The Annual Presidential Address
4.7.1.6.2 The Annual Report of the Secretary General
4.7.1.6.3 Audited Financial Statements and Accounts presented by the Treasurer General.
4.7.1.6.4 Minutes of the previous conference or congress.
4.7.2 Special Annual Conference
4.7.2.1 A special National Conference may be convened by the NEC if, in the opinion of the NEC, an emergency which warrants such a conference has arisen.
4.8 THE NATIONAL CONGRESS, SPECIAL NATIONAL CONGRESS AND THE NEC
4.8.1 The National Congress
4.8.1.1 The National Congress shall be the supreme organ of the Party.
4.8.1.2 The National Congress is the highest decision-making body of the Party.
4.8.1.3 The National Congress shall lay down policies and programme of the Party
4.8.1.4 The decisions of the National Congress shall be binding on all members and structures of the Party.
4.8.1.5 The National Congress shall elect the following members of the NEC:
4.8.1.5.1 The President;
4.8.1.5.2 The Secretary General;
4.8.1.5.3 The Deputy Secretary General;
4.8.1.5.4 Treasurer General; and
4.8.1.5.5 Forty members of the NEC;
4.8.1.6 There shall be five delegates from each Branch to the National Congress for the first 50 members, and the delegates must include Chairperson, Secretary and Treasurer, and one delegate for every additional 50 members thereof.
4.8.1.7 Branches that are in full compliance with their fees shall be entitled to be represented at the National Congress by five delegates from each Branch for the first 50 members, and the delegates must include Chairperson, Secretary and Treasurer, and one delegate for every additional 50 members thereof.
4.8.1.8 NEC members, provided they belong to a branch in good standing, shall have full delegate status.
4.8.1.9 No member shall be a delegate to National Congress for more than one branch.
4.8.1.10 No member who is not in good standing shall be eligible as a delegate to the National Congress.
4.8.2 The Special National Congress
4.8.2.1 Upon receipt of a requisition signed by one third of the number of the branches represented at the previous National Congress, a special National Congress shall be called by the NEC in connection with the subject matter of the requisition within four weeks of such requisition has been received by the Secretary General; provided that such a requisition is lodged with the Secretary General within a period of thirty days after the last day of the previous Congress.
4.8.3 The NEC
4.8.3.1 The NEC shall, in between congresses/conferences, be the highest decision making authority.
4.8.3.2 The NEC shall be constituted as follows:
4.8.3.2.1 The President
4.8.3.2.2 The Secretary General
4.8.3.2.3 The Deputy Secretary General
4.8.3.2.4 The Treasurer General
4.8.3.2.5 Forty NEC members
4.8.3.2.6 The Speaker
4.8.3.2.7 The Two Deputy Speakers
4.8.3.2.8 Presidents and Secretary Generals of each component structure shall become ex officio members of the NEC.
4.8.3.2.9 Provincial Chairpersons and Secretaries shall be ex officio members of the NEC
4.8.3.3 The allocation of specific portfolio or departments’ to members of the NEC shall be done by the President.
4.8.3.4 The President may from time to time allocate to any member of the NEC any portfolio or department
4.8.3.5 The President may co-opt up to twenty more persons into the NEC on the basis of their expertise.
4.8.3.6 The NEC shall hold the office for the period of five years.
4.8.3.7 No elected member of the NEC shall hold office in any Province, Region or Branch or Component Structure.
4.8.3.8 The NEC shall meet in a plenary session at least once every three months.
4.8.3.9 NEC members must take the Oath of Allegiance before assuming office.
4.8.3.10 NEC members must act in accordance with the spirit and letter of the Party Constitution
4.8.3.11 If any province, region branch or component structure cannot or does not fulfill its duties in terms of the Party Constitution or Congress/Conference resolution, the NEC may intervene by taking any appropriate steps to ensure fulfillment of that obligation. ­
4.8.4 Duties of the NEC
4.8.4.1 Duties of the NEC shall be as follows:
4.8.4.1.1 To carry out the aims and objectives of the PAC;
4.8.4.1.2 To implement the policies and programmes of the Party
4.8.4.1.3 To implement the resolutions and directives of National Congress or Conference
4.8.4.1.4 To act as the highest decision making authority in between congresses/conferences
4.8.4.1.5 To make a final decision on all disciplinary matters involving all Party structures, including component structures.
4.8.4.1.6 To act as the custodian of all assets of the party
4.9 THE PRESIDENT AND NATIONAL EXECUTIVE COUNCIL (NEC)
4.9.1 The President ­
4.9.1.1 The President is the leader of the Party and the NEC.
4.9.1.2 The President shall be the Party leader in parliament.
4.9.1.3 The President shall uphold, defend and respect the Constitution of the Party.
4.9.1.4 At all material times the President shall promote the unity of the Party.
4.9.1.5 The President derives his authority from the Congress, Conference and Constitution of the Party and exercises it as part of a collective with members of the NEC.
4.9.1.6 The President may dismiss any member of the NEC, including the Secretary General, and shall account to the congress for such action.
4.9.1.7 The President will use dismissal as the last resort.
4.9.2 Powers and functions of President
4.9.2.1 The President has the powers entrusted by the Party Constitution, Congress, Conference or NEC.
4.9.2.2 The President is responsible for ­the appointment of CC and NDC members.
4.9.2.3 The President appoints the CC members and may dismiss them.
4.9.2.4 The President confers awards and honours to members and supporters.
4.9.2.5 The President presents to the National Congress or Annual National Conference a state of the Party and nation address
4.9.2.6 When the need arises, the President presides over the meetings of the NEC, and CC.
4.9.2.7 The President may from time to time allocate to any member of the NEC any portfolio or department.
4.9.3 Election of the President
4.9.3.1 The President is elected at congress by a majority vote.
4.9.3.2 At the first NEC meeting the President shall take an Oath of Allegiance.
4.9.4 Term of office of President
4.9.4.1 The term of office of the President shall be no more than two terms.
4.9.4.2 When a person is elected to fill a vacancy in the event of resignation, suspension, expulsion, death or incapacity of the President, the period between that election and the next election of a President is not regarded as a term.
4.9.5 Acting President
4.9.5.1 In the event of resignation, suspension, expulsion, death or incapacity of the President, the NEC shall within 30 days appoint an Acting President until such time as the National Congress meets.
4.9.5.2 An Acting President has the same responsibilities, powers and functions of the President.
4.9.5.3 Before assuming the responsibilities, powers and functions of the President, the Acting President must take the Oath of Allegiance.
4.9.6 President and Democratic Centralism
4.9.6.1 This means that the power of directing the Pan Africanist Congress is centralised in the NEC which acts through the President who wields unquestioned powers as long as he acts within the grounds laid by the decisions of the Party which must have been democratically arrived at. It means a centralisation of directive, and executive implementation of a decision. If P.A.C. wants to forge ahead, it must adopt and carry out this principle with firmness and thoroughness.
4.9.6.2 The President shall have emergency powers, which he may delegate, to suspend the entire constitution of the Pan Africanist Congress so as to ensure that the movement emerges intact through a crisis. At that time he directs the Movement by decree, and is answerable for his actions to the National Congress/Conference
4.10 THE SECRETARY GENERAL
4.10.1 The Secretary General
4.10.1.1 The Secretary General is the chief administrative officer of the Party;
4.10.1.2 The Secretary General is the custodian of the policies and programmes of the Party;
4.10.1.3 The Secretary General shall be based full-time at Party Head Office
4.10.1.4 The term of office of the Secretary General shall be no more than two terms.
4.10.2 Powers and functions of the Secretary General
4.10.2.1 The Secretary General keeps the minutes of the National Congress or Annual National Conference, the NEC, the CC, MANCO and any other record of the Party;
4.10.2.2 The Secretary General is responsible for the issuing out of notices for congresses or conferences;
4.10.2.3 The Secretary General is responsible for all correspondence from or to the Party;
4.10.2.4 The Secretary General is responsible for communicating Congress or Conference resolutions;
4.10.2.5 The Secretary General is responsible for the communication of NEC decisions to the structures;
4.10.2.6 The Secretary General prepares quarterly and annual reports on the work of the NEC, provinces and the Party in general;
4.10.2.7 All departments, save those falling directly under the President, shall report on their activities to the Secretary General.
4.11 DEPUTY SECRETARY GENERAL
4.12 The Deputy Secretary General will deputise the Secretary General;
4.13 The Deputy Secretary General shall be based full-time at Party Head Office
4.14 In the absence of the Secretary General, the Deputy Secretary General shall assume the functions of the Secretary General in an acting capacity
4.12 TREASURER GENERAL
4.12.1 The Treasurer- General is the chief financial accounting officer of the Party.
4.12.2 The Treasurer-General shall be based full-time at Party head office.
4.12.3 The Treasurer-General receives and banks all monies on behalf of the Party and shall, together with any two members of the NEC, operate a banking account(s) of the Party.
4.12.4 The Treasurer-General keeps such books of account as may be necessary to record clearly the financial position of the Party.
4.12.5 The Treasurer-General shall submit periodic reports to the NEC, MANCO and FINCOM.
4.12.6 The Treasurer-General shall submit an audited financial statement to the Annual National Conference.
4.12.7 The Treasurer-General shall submit an audited financial statement to the National Congress.
4.12.8 The Treasurer-General draws up the annual budget for the Party for the approval by the NEC.
4.12.9 The Treasurer-General is responsible for raising funds for the Party.
4.12.10 The Treasurer-General is responsible for investment of any funds held by the Party.
4.12.11 Together with the Secretary General and FINCOM recommends the remuneration of employees/deployees to the NEC.
4.13 THE SPEAKER AND DEPUTY SPEAKERS
4.13.1 At the first sitting after its election, or when necessary to fill a vacancy, the NEC shall elect a Speaker and two Deputy Speakers from among its members.
4.13.2 The NEC may remove the Speaker or Deputy Speakers from office in the event of non-performance of their duties.
4.13.3 The Speaker and Deputy Speakers shall chair NEC meetings, conferences and congresses.
4.13.4 The NEC may remove the Speaker or Deputy Speakers on grounds of competency or non-performance.
4.13.5 The NEC may elect, from among its members, other presiding officers to assist the Speaker and the Deputy Speakers during Congresses or Conferences.
4.14 THE CENTRAL COMMITTEE (CC)
4.14.1 The CC is the sub-organ of the NEC.
4.14.2 The CC shall act as a shadow cabinet.
4.14.3 The CC shall consist of the:
4.14.3.1 President;
4.14.3.2 Secretary General;
4.14.3.3 Deputy Secretary General
4.14.3.4 Treasurer General
4.14.3.5 Any number of NEC members’ which is equivalent to a cabinet and/or in accordance with the needs of the Party;
4.14.3.6 Heads of component structures;
4.14.4 The CC shall oversee the political machinery of the Party.
4.14.5 The CC shall, subject to the supervision of the NEC, execute political decisions and resolutions of the National Congress/Conference and the NEC;
4.14.6 The CC shall hold office for the same period as the NEC;
4.14.7 The CC shall meet at least once every month;
4.14.8 The CC shall, in case of an emergency, meet as often as such emergency situations reasonably require; and
4.14.9 The CC shall take and execute all emergency political decisions, provided such decisions do not impinge on policy, and report such decisions to the NEC for ratification.
4.15 THE NATIONAL MANAGEMENT COMMITTEE (MANCO)
4.15.1 MANCO is the sub-organ of the NEC.
4.15.2 MANCO shall consist of the following:
4.15.2.1 Chairperson;
4.15.2.2 President;
4.15.2.3 Secretary General;
4.15.2.4 Deputy Secretary General;
4.15.2.5 Treasurer General;
4.15.2.6 Secretaries General’s of component structures
4.15.3 MANCO shall oversee the administrative machinery of the Party and its component structures.
4.15.4 MANCO shall, subject to the supervision of the NEC, execute the administrative decisions and resolutions of the National Congress/Conference and the NEC.
4.15.5 MANCO shall hold office for the same period as the NEC.
4.15.6 MANCO shall meet at least once every fortnight.
4.15.7 MANCO shall, in case of an emergency, meet as often as such emergency situations reasonably require.
4.15.8 MANCO shall take and execute all emergency administrative decisions, provided such decision do not impinge on policy, and report such decisions to the NEC for ratification.
4.16 THE FINANCE COMMITTEE (FINCOM)
4.16.1 FINCOM is the sub-organ of the NEC.
4.16.2 FINCOM shall consist of the following:
4.16.2.1 Chairperson;
4.16.2.2 President;
4.16.2.3 Secretary General
4.16.2.4 Treasurer General
4.16.2.5 Treasurers of component structures
4.16.3 FINCOM shall oversee the finances of the Party and its component structures.
4.16.4 FINCOM shall, subject to the supervision of the NEC, execute the financial decisions and resolutions of the National Congress/Conference and the NEC.
4.16.5 FINCOM shall hold office for the same period as the NEC.
4.16.6 FINCOM shall meet at least once every month.
4.16.7 FINCOM shall, in case of an emergency, meet as often as such emergency situations reasonably require.
4.16.8 FINCOM shall take and execute all emergency financial decisions, provided such decision do not impinge on policy, and report such decisions to the NEC for ratification.
4.17 OTHER COMMITTEES
4.17.1 The NEC shall from time to time establish other committees that shall assist the Party in realizing its aims and objectives, policies and programmes.
5 FINANCE
5.12 The basic funding for the Party shall be derived from membership subscriptions.
5.13 Additional funding shall be derived from raising activities such as levies, donations, bequests, sales of PAC artifacts and literature as well as proceeds of functions such as parties, dances, football matches etc. and such sources as will be determined by the NEC or the National Conference/Congress from time to time.
5.14 It shall be the competency of the NEC to finance projects and to request members to make contributions to such projects should funds be inadequate.
5.15 Funds contributed by members for any specific purpose shall not be used for any other purpose save by the resolution of the NEC or the National Conference/Congress.
5.16 The NEC shall establish, manage and administer a Special Reserve Fund, and at the end of the Financial Year may vote a sum to be determined for this purpose.
5.17 There shall be an investment fund sourced from a percentage of all party income.
5.18 The Treasurer General shall at the end of the year prepare estimates of Revenue and Expenditure for the ensuing year, such estimates shall be submitted to the NEC and Annual National Conference for consideration.
5.19 The financial year of the PAC shall begin on the 1st of March to the end of the last day of February of the following year.
5.20 All revenue of the NEC, regions and branches shall be deposited in a banking account, which shall be specified by the NEC from time to time.
5.21 The following accounts shall also be kept by the party:
5.21.1 PAC Main Account;
5.21.2 Election Account;
5.21.3 Fundraising Account(s);
5.21.4 Investment(s) Accounts;
5.21.5 Special Reserve Account;
5.21.6 Any other account
5.22 The NEC shall determine procedure, regulations and rules, which shall apply to the revenue and expenditure of the Party at Provincial, Regional, Branch and Component Structures and any other organ of the Party.
5.23 Subscription fees shall be distributed among all the organs of the PAC in such a manner as will be determined by the Annual National Conference/Congress.
5.24 The Treasurer General shall control all funds in the National Reserve Fund of the Party and shall report all the activities of the fund monthly to the FINCOM and to the NEC whenever it meets, and present an audited statement of the previous financial year, approved by the NEC, to Congress/Conference.
5.25 All disbursements exceeding R1 000 000 00 amount shall be first be approved by NEC.
5.26 Misappropriation and mismanagement of party funds shall be regarded as a serious breach of discipline and appropriate punishment shall be meted out, and/or legal action taken.
5.27 No office bearer or official of the Party shall have the right to bind the party or Party HQ in a hire purchase contract, or enter into a contract on behalf of the Party with any company or individual except where such a mandate is given expressly, in writing by the Treasurer General.
5.28 Provinces, Regions and Branches as well as component structures shall under no circumstances enter into any debt contract or agreement with any company or individual on behalf of the Party.
5.29 The Party shall repudiate all unauthorized agreement made on behalf of the Party and over and above that, take disciplinary action against such individuals.
5.30 The onus of proof shall be on the service provider to check whether the transaction is authorized by the Party.
6 ADMINISTRATION AND HUMAN RESOURCE MANAGEMENT (HRM) POLICY
6.12 There shall be an Administration and HRM policy;
6.13 The provisions of the Administration and HRM shall apply in respect of all employees who are employed or deployed:
6.13.1 By Component structures;
6.13.2 At Branch offices;
6.13.3 At Regional offices;
6.13.4 At Provincial offices;
6.13.5 At Head office;
6.13.6 In parliament,thing contrary to the provisions of the Party Constitution, the Party shall have offices at branch, regional, provincial and Head Office.
6.15 The Party shall also be responsible for the overall running of the offices of component structures.
6.16 The Secretary General shall be responsible for the overall running of all Party offices, including those of component structures.
6.17 The HRM shall encompass conditions of services, employment and deployment, appointment and filling of posts, remuneration of employees and other benefits, transfer and secondment of employees and termination of service.
7. DISCPLINE
Disciplinary Code
Discipline shall be dealt with in terms of the provisions a Disciplinary Code. See Schedule 4
8. MEETINGS
8.1 A quorum for all meetings referred to in this constitution shall be at least 50% of the members entitled to attend the meeting. 8.2 Members who fail to attend three consecutive meetings without valid reasons shall be regarded as having resigned their positions.
9. PUBLIC REPRESENTATIVES
The Party shall deploy members in good standing to represent it in the local municipality, provincial legislature, national parliament and any other forum. The Party shall levy a percentage of an allowance/per diem/salary of a member who is deployed in accordance with section 9.1 above for the upkeep of the Party. The percentage of the levy shall be determined by the NEC or Conference/Congress from time to time. Failure to pay the levy shall constitute an offence in terms of this constitution.
The Party reserves the right to withdraw and replace any member who is deployed in accordance with section 9.1 above, if in the opinion of the NEC such a replacement/withdrawal serves Party interests.
If any member who is deployed in accordance with section 9.1 above is found guilty of an offence by the DC shall be recalled and replaced. Members who are deployed in accordance with section 9.1 above are expected to receive mandate and accordingly report to the appropriate level of authority.
10. REMOVAL OF OFFICE BEARERS
An individual member of the NEC, PEC, REC or BEC may be removed from office in between Congress if she/he is found guilty of contravening the disciplinary code or for non-performance.
11. HEADQUARTERS
11.1 The Headquarters of the PAC shall be at a place to be determined by the NEC from time to time.
12. AMENDMENT OF THE CONSTITUTION
This Constitution or any part thereof may be amended or rescinded, altered or added thereto by a two-thirds majority present and voting at the National Congress. Proposals regarding any amendment of the Constitution must be sent to the Secretary General at least two months before the Congress at which they are to be discussed, and circulated, in writing, to the branches at least one month before such Congress.
Amended and adopted at the 9th National Congress held at the University of Fort Hare, Alice as from 04 -06 July 2008.